United States Ninth Circuit

In an action to quiet title, dismissal for lack of subject matter jurisdiction is affirmed where: 1) the Quiet Title Act's statute of limitations had run in the more than twelve years since plaintiff's predecessor in interest knew or should have known of the government's claim to possession of the land; and 2) the government did not clearly and unequivocally abandon its interest.

Appellate Information

• Argued 06/20/2008
• Decided 09/04/2008
• Published 09/04/2008

Judges

• IKUTA, Circuit Judge:, Before: ALFRED T. GOODWIN, PAMELA ANN RYMER, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Therese Y. Cannata (argued), Michael M. Ching, and Carolyn A. Johnston of Cannata, Ching & O'Toole LLP, San Francisco, CA, Christian P. Porter and Donna H. Yamamoto of Brooks Tom Porter & Quitquit LLP, Honolulu, HI, and Jon M. Van Dyke, Honolulu, HI, for the plaintiff-appellant.


• For Appellees:
  
• Allen M. Brabender (argued), David C. Shilton, and Donna Fitzgerald, Attorneys, Environmental and Natural Resources Division, United States Department of Justice, and Ronald J. Tenpas, Assistant Attorney General, for the defendants-appellees.